(3) "Expert
evaluation" means a written assessment prepared by a professional with specialized
knowledge of a particular subject matter such as physical health, psychological
health, mental health, sexual deviancy, substance abuse, and domestic violence.
The assessment provides information regarding an individual's functioning in the
area of the professional's specialized knowledge and when the expert is evaluating
a parent or guardian, whether the individual's functioning impacts his or her protective
capacity.

(4) "Family
support services case plan" means a goal-oriented, time-limited, individualized
plan for a child and the child's family or a former foster child. The Department
and the family or former foster child jointly develop a "family support services
case plan" that addresses the service goals and the identified needs of the child
and the child's family or the former foster child.

(5) "Former
foster child" means a person under 21 years of age who was in substitute care at
or after 16 years of age, including substitute care provided by federally recognized
tribes, and had been in substitute care for at least 180 cumulative days after 14
years of age.

(6) "Guardian"
means an individual who has been granted guardianship of a child through a judgment
of the court.

(7) "ILP"
means the Independent Living Program services provided by the Department to an eligible
foster child or former foster child.

(8) "Parent"
means the biological or adoptive mother or the legal father of the child. A legal
father is a man who has adopted the child or whose paternity has been established
or declared under ORS 109.070, ORS 416.400 to 416.465, or by a juvenile court. In
cases involving an Indian child under the Indian Child Welfare Act (ICWA), a legal
father includes a man who is a father under applicable tribal law. "Parent" also
includes a putative father who has demonstrated a direct and significant commitment
to the child by assuming or attempting to assume responsibilities normally associated
with parenthood unless a court finds that the putative father is not the legal father.

(9) "Service
Agreement" means a written document between the Department and a parent, guardian,
or former foster child that identifies one or more of the service goals in a family
support services case plan, and the services and activities that are necessary for
the parent, guardian, or former foster child to achieve the goal.

(1) A parent, guardian,
or former foster child may be eligible for family support services if the requirements
of one of the following subsections are met:

(a) A parent
or guardian requests out-of-home placement of a child due solely to the emotional,
behavioral, or mental disorder or developmental or physical disability of the child,
as described in Child Welfare Policy I-B.1.3.1, "Voluntary Placement Agreement",
OAR 413-020-0060 to 413-020-0090.

(b) A parent
or guardian requests that the Department take temporary custody of a child due to
conditions described in Child Welfare Policy I-B.1.3, "Voluntary Custody Agreement",
OAR 413-020-0000 to 413-020-0050.

(c) A former
foster child eligible to receive Independent Living Program (ILP) services requests
those services.

(d) A parent
or guardian requests post adoption or post legal guardianship services in connection
with an adoption or legal guardianship that occurred through the Department.

(e) A parent
or guardian requests assistance with a child in the home, and all of the following
paragraphs apply:

(A) Other
community resources have been utilized and determined to be ineffective.

(B) Members
of the extended family and other responsible adults who are well known to the child
have been explored or utilized and determined to be unsafe, unavailable, unwilling,
or ineffective as support for the family.

(C) The parent
or guardian is temporarily or will be temporarily unable to fulfill parental responsibilities
due to a diagnosed medical or mental health condition.

(D) The inability
of the parent or guardian to fulfill parental responsibilities is temporary and
immediate; and will be alleviated with short term services or short term services
will transition the family to community services.

(E) A Child
Welfare program manager approves the request for voluntary services.

(2) Service
eligibility requires the full and ongoing cooperation of the parent, guardian, or
former foster child in:

(a) The determination
of need;

(b) The preparation
of the family support services case plan; and

(c) The monitoring
of the family support services case plan.

(3) If the
Department determines that funds for family support services are unavailable, the
Department will not provide services for those who are eligible for services under
subsection (1)(e) of this rule.

(4) The Department
must provide family support services when a court has ordered the Department to
provide services to a pre-adjudicated delinquent.

(1) Within 30 days
of receiving the family support services screening information, the caseworker must
determine the service needs by completing the following actions:

(a) Provide
the parent, guardian, or former foster child with a Service Application.

(b) Initiate
the process to determine the child's ICWA status and notify the Indian child's tribe
if ICWA applies. To initiate this process, the caseworker must:

(A) Complete
a form CF 1270, Verification of ICWA Eligibility, to assist in determining ICWA
eligibility.

(B) Contact
the child's tribe when an Indian child's family is requesting placement of the child
per the requirements of OAR 413-070-0160(1), "Placement of Indian Children."

(C) Consult
with the local Child Welfare ICWA liaison or a supervisor if the caseworker has
questions regarding the involvement of a tribe or the ICWA status of the child.

(c) Within
five working days of receipt of the case, confirm there is no current reported safety
threat to the child by reviewing the screening information and the child welfare
case records for all family members living in the household.

(d) Within
ten working days of receipt of the case, make initial face-to-face contact with
the parent, guardian, or former foster child to assess current behaviors, conditions,
and circumstances in the family and gather specific information on the needs of
the parent, guardian, or former foster child.

(e) Within
ten working days of receipt of the case, when the child is in the home of the parent
or guardian, make initial face-to-face contact with the child to assess the identified
needs of the child.

(f) When
the child is in substitute care, make monthly face-to-face contact as required under
OAR 413-080-0054.

(g) To determine
service needs, the caseworker must, at a minimum, observe:

(A) The parent,
guardian, or former foster child in the home environment;

(B) The child
or former foster child in his or her home or substitute care placement; and

(C) The interactions
between family members.

(h) Obtain
from the parent, guardian, or former foster child the names of persons who can provide
additional information on the needs of the child, former foster child, or the family,
when appropriate.

(i) Ask the
parent, guardian, or former foster child to sign an authorization to release information
to enable the Department to obtain additional information from physicians, mental
health providers, school employees, or other service and treatment providers, when
appropriate.

(j) After
obtaining the authorization to release information, contact service and treatment
providers, when appropriate, to understand the past and current services and treatment
of the family and the child or former foster child.

(k) Obtain
expert evaluations when appropriate to determine specific service or treatment needs
when a condition or behavior requires additional professional information regarding
a person's functioning.

(l) Analyze
the behaviors, conditions, and circumstances of the family to determine service
or treatment needs based upon information gathered from the activities in subsections
(a) to (k) of this section.

(m) Document
the findings of the activities in subsections (a) to (k) of this section in the
Department's electronic information system.

(2) The caseworker
must use the information and determination of service and treatment needs to develop
an individualized family support services case plan that addresses the specific
identified needs:

(a) The caseworker
must also refer to Child Welfare Policy I-E.2.1, "Placement of Indian Children",
OAR 413-070-0100 to 413-070-0260 if the child is an Indian child.

(b) When
a family is eligible for out-of-home placement due to the child's special needs
or placement is ordered through the court, the caseworker must also refer to Child
Welfare Policies I-E.3.1, "Placement Matching", OAR 413-070-0600 to 413-070-0645;
I-B.1.3.1, "Voluntary Placement Agreement", OAR 413-020-0060 to 413-020-0090; I-E.2.1,
"Placement of Indian Children", OAR 413-070-0100 to 413-070-0260 if the child is
an Indian child, and I-B.1, "Monitoring Child Safety", OAR 413-080-0040 to 413-080-0067.

(c) When
a former foster child requests ILP services, the caseworker must also refer to Child
Welfare Policies I-B.2.3.5, "Youth Transitions", OAR 413-030-0400 to 413-030-0460
and I-E.2.1, "Placement of Indian Children", OAR 413-070-0100 to 413-070-0260 if
the child is an Indian child.

(d) When
a family requests that the Department take voluntary custody of the child, the caseworker
must also refer to Child Welfare Policies I-E.3.1, "Placement Matching", OAR 413-070-0600
to 413-070-0645; I-B.1.3, "Voluntary Custody Agreement", OAR 413-020-0000 to 413-020-0050;
I-E.2.1, "Placement of Indian Children", OAR 413-070-0100 to 413-070-0260 if the
child is an Indian child; and I-B.1, "Monitoring Child Safety", OAR 413-080-0040
to 413-080-0067.

[Publications: Publications
referenced are available from the agency.]

(1) The caseworker
may secure an expert evaluation of the parent, guardian, or child, when appropriate,
to determine treatment or service needs or to assist in assessing child safety when
there is a specific condition or behavior that requires additional professional
information regarding a person's functioning. Examples include, but are not limited
to:

(a) The parent,
guardian, or child is displaying unusual or bizarre behaviors that are indicative
of emotional or behavioral problems;

(b) Physical
illness, physical disability, or mental illness;

(c) Suicidal
ideation; or

(d) Homicidal
ideation.

(2) The caseworker
must obtain the consent of the parent or guardian prior to arranging an expert evaluation
of the parent or guardian.

(1) The caseworker
must analyze the information gathered during the determination of service needs
to develop a family support services case plan. The family support services case
plan must include all of the following information:

(a) Family
composition, which includes identifying information for --

(A) Each
parent or guardian, and the children of the parent or guardian; or

(B) The former
foster child who is 18 years or older and his or her child, if the former foster
child is parenting a child.

(b) Conditions
identified in the screening or intake referral information.

(C) Education
services, including the child's school and any special educational needs; and

(D) A plan
for visitation and contact with the parents or guardians.

(f) Services
the Department will provide, including:

(A) Case
oversight and routine contact with the parent or guardian and the child or the former
foster child.

(B) When
the court has ordered the Department to provide services to a pre-adjudicated delinquent,
routine contact with juvenile department staff, parents or guardians, and the child.

(C) When
the child is in substitute care, arranging visitation for the parents or guardians
and the child.

(D) Timely
referral, access to, and use of culturally appropriate services and service providers
to address the identified needs, to the extent that resources are available.

(E) Timely
preparation of reports to the court or other service providers that may be required.

(g) A statement
of the conditions for which the Department will close the family support services
case.

(h) Review
date. The family support services case plan is reviewed with the parent, guardian,
or former foster child every 90 days; however, the caseworker and the parent, guardian,
or former foster child may agree on a review date at any time within the 90-day
period.

(2) The persons
involved with the Department in the development of the family support services case
plan must include the former foster child or the parent or guardian; and may include
the child, other relatives, substitute caregiver, and other professionals, as appropriate.

(3) The family
support services case plan must include the signature of the caseworker and each
parent, guardian, or former foster child.

(4) Approval
and distribution of the family support services case plan.

(a) The Child
Welfare supervisor must approve and sign the family support services case plan.

(b) The caseworker
must give a copy of the family support services case plan to the parents, guardians,
or former foster child as soon as possible but no later than seven days after the
family support services case plan is approved by the supervisor.

(5) Timeline
for family support services case plan development.

(a) Except
as provided in subsection (b) of this section, the caseworker must develop the family
support services case plan within 30 days of the completion of the determination
of service needs.

(b) The supervisor
may authorize an extension of the time for developing the family support services
case plan when information essential to the development of the family support services
case plan is not yet available due to circumstances beyond the control of the Department.

(1) The caseworker
may develop a Service Agreement with a parent, guardian, or former foster child
with a family support services case plan. The Service Agreement is a time-limited
agreement that documents the services and action steps that will occur under the
agreement.

(2) When
used, the Service Agreement must include all of the following:

(a) One of
the service goals in the family support services case plan.

(b) Specific
activities or services that will occur to achieve the service goal.

(c) Participants
and responsibilities.

(d) Anticipated
start and completion dates.

(e) Treatment
services for the child or former foster child (if applicable).

(f) Method
of measuring progress.

(g) Timeline
for review.

(3) The caseworker
must give a copy of the Service Agreement to the parents, guardians, or former foster
child no later than seven days after the agreement is signed.

Contact and Monitoring Requirements for a Family Support Services Case Plan

(1) The caseworker
must monitor the family support services case plan and terminate Department involvement
in a timely manner.

(2) The caseworker
is responsible for all of the following actions:

(a) Monthly
face-to-face contact and communication with each parent, guardian, or former foster
child about progress toward achieving service goals unless an exception to parent
or guardian contact as described in OAR 413-080-0054(3)(b) is approved.

(c) Regular
contact with service providers a minimum of once every 90 days, including monitoring
the services provided through the family support services case plan.

(d) Monitoring
the visitation and contact plan when the child is in substitute care.

(e) Monitoring
progress toward achieving service goals.

(f) Ensuring
completion of the actions and activities that are the responsibility of the Department.

(g) Timely
response to issues that may impact the safety of the child that become known to
the caseworker.

(3) The caseworker
must document in the Department's electronic information system:

(a) Observations
made by the caseworker during each visit, and behaviors, conditions, or circumstances
of the family or former foster child that support the continuation of the family
support services case plan; and

(b) Reports
from each service provider on progress of the family, child, or former foster child
in meeting the service goals of the family support services case plan.

(1) The family support
services case plan must be reviewed a minimum of every 90 days. This review must
take place in a face-to-face meeting with the parents, guardians, or former foster
child. The meeting may include the child, service providers, attorneys, family members,
and the substitute caregiver when the child is in substitute care.

(2) During
the case plan review, the caseworker assesses and determines the progress that has
been made in achieving the service goals of the case plan.

(3) If a
parent, guardian, or former foster child is not available for the review, the reason
must be documented in the Department's electronic information system.

(4) Within
30 calendar days of receiving an expert evaluation requested by the Department,
the caseworker must consider revising the family support services case plan to include
the recommendations of the expert evaluation. If the caseworker does not implement
the recommendations of the expert evaluation, the caseworker must document the reasons
for not implementing the recommendations.

(5) Subsequent
to the face-to-face meeting, the caseworker documents all of the following in the
Department's electronic information system:

(a) The services
currently provided and the progress of the parents, guardians, or former foster
child in achieving service goals.

(b) Observations
of improved behaviors, conditions, or circumstances that have measurably changed.

(c) Written
or verbal reports from the child, service providers, attorneys, family members,
and the substitute caregiver when the child is in substitute care regarding services
currently provided and the progress of the parent, guardian, or former foster child
in achieving service goals.

(6) The Child
Welfare supervisor approves and documents approval of the family support services
case plan review.

(1) These rules, OAR 413-030-0200 through 0220, emphasize that the child's safety is the paramount concern in determining Substitute Care eligibility.

(2) The Department is responsible for determining if a child in the legal custody of the Department will be placed or continued in substitute care placement in accordance with statutes, administrative rules, agency procedures and placement practice guidelines. These rules, OAR 413-030-0200 through 0220, specify the minimum criteria for the substitute care classification and placement under any type of substitute care program licensed or certified by the Department. Additional criteria are outlined in rules for specific substitute care programs. See OAR 413-080-0000 through 0030 Shelter Care (CAF Policy I-E.4.1); OAR 413-080-0100 Family Foster Care (CAF Policy I-E.4.2); Foster Family Group Homes (CAF Policy I-E.4.2.1); OAR 413-080-0200 through 0270 Residential Services (CAF Policy I-E.4.3); and OAR 413-030-0400 through 0455 Independent Living Programs (CAF Policy I-B.2.3.5).

[Publications: Publications referenced are available from the agency.]

For a child to be eligible for initial and continuing substitute care placement(s), the Department shall meet the following criteria:

(1) Legal Basis. The Department must have a current legal basis for placement:

(a) Temporary custody under ORS 419.B.165; or

(b) Legal custody of the child through a juvenile court order; or

(c) A voluntary custody agreement in accordance with OAR 413-020-0100 through 0170 (CAF Policy I-B.1.4); or

(d) A voluntary child placement agreement in accordance with OAR 413-020-0000 through 0050 (CAF I-B.1.3); or

(e) Permanent custody based on a permanent commitment or release and surrender agreement of a parent; or

(f) Verification that the child is an unaccompanied refugee minor.

(2) The child must be under 18 years of age at the time the child is placed in the Department's legal custody and placement services are first initiated.

(3) Reasonable Efforts. Except in those cases with a Voluntary Custody Agreement or Child Placement Agreement, the Department will make reasonable efforts to prevent or eliminate the need for removal of the child and to alleviate the barriers that keep the child from returning home. This includes an assessment of appropriate treatment and supportive services and providing such services when available through the Department or by referral to other community resources. To aid the court or Citizen Review Board (CRB) in making the findings required by this section, the Department shall present documentation to the court or CRB showing its reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to prevent or eliminate the need for removal of the child and services provided to safely return the child to the home. The department shall seek a reasonable efforts judicial determination within 60 days of a child's removal from the home, or a determination that due to aggravated circumstances reasonable efforts were not required to prevent the child's removal from their home. If the court does not make the reasonable efforts determination within 60 days, the child shall not be eligible for Title IV-E foster care maintenance payments program throughout the duration of that child's stay in substitute care. Refer to OAR 413-100-0240 Title IV-E-FC and General Assistance ( CAF Policy I-E.6.1).

(4) The child requires substitute care placement because there is no parent or guardian available and able to provide safe care for the child even with the assistance of available supportive resources, and no relative is willing and appropriate to assume full responsibility for the child.

(5) Placement is needed for one of the following reasons:

(a) The parent(s) or guardians are not available to care for the child due to death, abandonment, desertion, incarceration, institutionalization, or catastrophic illness; or

(b) The child is at significant risk of abuse or neglect; or

(c) The child is in the permanent custody of the Department for adoption planning; or

(d) The child has a severe disabling condition requiring skilled care that the family cannot provide even with the assistance of community resources but the Department can provide the care the child requires in an available substitute care resource; or

(e) The child's behavior is a serious danger to the child, the child's family or the community but the child can, without threat to self or others, be managed in an available and appropriate substitute care resource.

(1) Eligibility for substitute care services shall cease at age 18 unless the person continues to meet both the eligibility criteria outlined earlier in OAR 413-030-0210 and in this section of the rules. Under the following conditions the Department may continue to provide placement services up to the maximum age of 21 years if the person is:

(a) Actively striving to complete the requirements for high school graduation and achieving satisfactorily in a full-time program of high school attendance, GED classes or a combination of classes and employment; or

(b) Enrolled in a special education program as called for in an Individual Educational Plan (IEP); or

(c) An unaccompanied refugee minor; or

(d) The person's situation has been reviewed and approved in writing for an exception to these rules by the SDA Manager or designee.

(2) In no instance shall a person receive substitute care services from the Department after the youth's 21st birthday.

These rules describe the eligibility criteria for the program classification of adoption. The adoption program classification is used to describe the services provided to a child placed in an approved adoptive home for the purpose of adoption. This includes agency adoptive placements and courtesy placement supervision of a child placed in Oregon by an out-of-state adoption agency.

To be eligible for the program classification of adoption, a child must be in a living situation that is officially considered an adoptive placement. The following are considered eligible for the program classification:

(1) Children fully free for adoption and placed in an approved adoptive home shall be classified as adoption from the time the placement is approved until the adoption is completed or disrupted. (See SOSCF policy I-G.1 and I-G.4.)

(2) Children receiving courtesy supervision for an adoptive placement initiated in another state through the Interstate Compact.

The purpose of these rules, OAR 413-030-0400 to 413-030-0460, is to describe the responsibilities of the Department for comprehensive transition planning with and providing services to a child or young adult to:

(1) Obtain personal and emotional support and promote healthy relationships that can be maintained into adulthood;

The following definitions
apply to these rules (OAR 413-030-0400 to 413-030-0460):

(1) "APPLA"
means Another Planned Permanent Living Arrangement, a permanency plan for a stable
secure living arrangement for a child that includes building relationships with
significant people in the child's life that may continue after substitute care.
APPLA is the least preferred permanency plan of the four permanency plan options
for a child and is appropriate only in very limited circumstances.

(a) "Planned"
means the arrangement is intended, designed, and deliberate.

(b) "Permanent"
means enduring and stable.

(2) "Case
plan" means a written, goal oriented, time limited individualized plan for the child
and the child's family, developed by the Department and the parents or guardians,
to achieve the child's safety, permanency, and well being.

(3) "Chafee
housing" means a payment to assist in covering the costs of room and board made
to an eligible individual between 18 and 20 years of age who was discharged from
the care and custody of the Department or one of the federally recognized tribes
on or after reaching 18 years of age.

(6) "Former
foster child" means a person under 21 years of age who was in substitute care at
or after 16 years of age, including substitute care provided by federally recognized
tribes, and had been in substitute care for at least 180 cumulative days after 14
years of age.

(7) "GED"
means a General Educational Development certificate issued pursuant to ORS 326.550.

(8) "Guardian"
means an individual who has been granted guardianship of a child through a judgment
of the court.

(9) "Independent
living housing subsidy" means a payment to assist in covering the cost of room,
board, or other monthly expenses made to an eligible individual who is at least
16 years of age and is in the care and custody of the Department and living independently.

(10) "Legal
custody" means a legal relationship between a person, agency, or institution and
a child that imposes on the person, agency, or institution the duties and authority
of the child's legal custodian.

(11) "Parent"
means the biological or adoptive mother or the legal father of the child. A legal
father is a man who has adopted the child or whose paternity has been established
or declared under ORS 109.070, ORS 416.400 to 416.465, or by a juvenile court. In
cases involving an Indian child under the Indian Child Welfare Act (ICWA), a legal
father includes a man who is a father under applicable tribal law. "Parent" also
includes a putative father who has demonstrated a direct and significant commitment
to the child by assuming or attempting to assume responsibilities normally associated
with parenthood unless a court finds that the putative father is not the legal father.

(12) "Permanency
plan" means a written course of action for achieving safe and lasting family resources
for the child through the parents, relatives, or others who may assume legal responsibility
for the child during the child's remaining years of dependency and be accessible
and supportive to the child when the child is 18 years of age or older.

(13) "Registered
domestic partner" means an individual joined in a civil contract entered into in
person between two individuals of the same sex who are at least 18 years of age,
who are otherwise capable and at least one of whom is a resident of Oregon.

(14) "Sibling"
means one of two or more children or young adults related:

(a) By blood
or adoption through a common legal parent;

(b) Through
the marriage of the children's or young adults' legal or biological parents; or

(c) Through
a legal or biological parent who is the registered domestic partner of the child's
legal or biological parent.

(15) "Substitute
care" means the out-of-home placement of a child or young adult who is in the legal
or physical custody of the Department.

A child or young
adult must meet the following eligibility criteria for youth transition services,
however a child or young adult enrolled in an Oregon youth transition service prior
to September 1, 2009 is eligible to continue to receive that service until the child
or young adult has achieved independence, reaches 21 years of age, or otherwise
is no longer eligible for the specific service.

(1) Life
skills training.

(a) A child
14 years of age or older who is in substitute care through the Department or one
of the nine federally recognized Oregon tribes; or

(b) A former
foster child.

(2) Independent
living housing subsidy.

(a) The child
or young adult must:

(A) Be 16
years of age or older;

(B) Be in
the care and custody of the Department;

(C) Be engaged
in 40 hours of productive time per week, including a combined total of 25 hours
or more of work and education activities;

(D) Have
had at least one prior substitute care placement; and

(E) Have
the approval of the court to participate in the independent living housing subsidy
service.

(b) If a
high school diploma has not been achieved, the child or young adult must be working
actively to achieve a high school diploma or GED.

(c) The child
or young adult must be enrolled concurrently in skill building services.

(d) The child
or young adult may not live with any of his or her parents.

(3) Chafee
housing.

(a) To be
eligible for Chafee housing an individual must meet all of the following requirements:

(A) Be 18
years of age or older but not yet 21 years of age;

(B) Have
been discharged from the care and custody of the Department or one of the federally
recognized tribes on or after reaching 18 years of age;

(C) Be engaged
in 40 hours of productive time per week, including a combined total of 25 hours
or more of work and education activities; and

(D) Have
at least four hours of paid employment per week.

(b) If a
high school diploma has not been achieved, the individual must be working actively
to achieve a high school diploma or GED.

(c) The individual
must be enrolled in skill building services.

(d) The individual
may not live with any of his or her parents.

(e) The individual
may not be eligible for Chafee housing when receiving an education and training
grant.

(4) Education
and training grant.

(a) To be
eligible for an education and training grant the child or young adult must:

(A) Be 14
years of age or older and currently in substitute care through the Department or
one of the federally recognized tribes; or

(B) Have
been dismissed from substitute care after reaching 16 years of age and had 180 or
more cumulative days of substitute care.

(b) The child
or young adult initially must receive the grant prior to reaching 21 years of age.

(c) If the
child or young adult is receiving the grant upon reaching 21 years of age, he or
she may continue to receive the grant until he or she reaches 23 years of age.

(d) The child
or young adult may not be eligible for an education and training grant when receiving
Chafee housing.

(5) Youth
Transition Discretionary Funds. A child or young adult must be eligible for and
receiving skill building services as a prerequisite to eligibility for discretionary
fund resources.

(6) Services
that may be utilized in the transition to independent living, as appropriate and
available, when the child or young adult meets all other eligibility requirements,
include but are not limited to:

(d) Supportive
or remedial day care as described in Child Welfare Policy I-C.3.1, "Supportive and
Remedial Day Care" OAR 413-050-0200 to 413-050-0280;

(e) Other
resources provided through the Department of Human Services such as Supplemental
Nutrition Assistance Program and Temporary Assistance for Needy Families program
benefits, vocational rehabilitation, teen pregnancy prevention, Seniors and People
with Disabilities Division Developmental Disability services; and

(f) Other
state or community health care programs.

(7) The ILP
Coordinator may approve an exception to the eligibility requirements of sections
(2), (3), or (4) of this rule when there is a time-limited plan for meeting requirements
for eligibility and written documentation why the exception is necessary for the
child or young adult to achieve his or her comprehensive transition plan.

(b) Educational and vocational training support such as high school diploma or GED preparation, post-secondary education and academic support, job readiness, and job search assistance and placement programs;

(c) Training, workshops and conferences, individual and group skills building for improved self-esteem and self-confidence, and interpersonal and social skills training and development; and

(d) Development of community networks and supports to transition successfully to adulthood.

(2) The independent living housing subsidy.

(3) Chafee housing.

(4) Education and training grants to provide assistance with the costs of a post-secondary education or training program.

(1) Development
of the comprehensive transition plan. The Department must initiate the development
of the comprehensive transition plan for a:

(a) Child
16 years of age or older and in substitute care or a young adult;

(b) Child
14 years of age or older with an APPLA; or

(c) Former
foster child who requests services as described in Child Welfare Policy, I-B.2.3.1,
"Family Support Services" OAR 413-030-0000 to 413-030-0030 and would benefit from
a comprehensive transition plan.

(2) The Department
must ensure the comprehensive transition plan includes:

(a) The completion
of a life skills assessment, which includes:

(A) Assessment
of the skills and readiness of the child or young adult through interviews with
substitute caregiver, parent or guardian, and any other significant adult; and

(B) Completion
of a written independent living assessment in the format required by the Department.

(b) The written
life skills assessment must include a description of:

(A) The strengths
of the child or young adult; and

(B) His or
her need for ongoing skill development in the following ability areas:

(i) Interaction
with and connection to adults who can assist in the transition to independent living;

(ii) Transition
successfully to independent living;

(iii) Engagement
in educational and vocational interests;

(iv) Management
of his or her physical and mental health; and

(v) Achievement
of residential stability.

(3) After
completing the activities in section (2) of this rule, the Department must convene
a planning meeting to develop the comprehensive transition plan. The Department
must:

(a) Ensure
the child or young adult plays a central role in planning for and participating
in the meeting, when developmentally appropriate; and

(b) Involve
the child or young adult in determining who may participate in the planning meeting
which may include a parent or guardian, substitute caregiver, other adult important
to the child or young adult, service providers, a court appointed special advocate,
representative of a tribe, or the attorney for the child or young adult.

(4) The comprehensive
transition plan must identify goals and services in each of the following domains:

(a) Education;

(b) Employment;

(c) Health;

(d) Housing;

(e) Life
skills;

(f) Supportive
relationships and community connections; and

(g) Transportation.

(5) The child
age 14 or older, young adult, or former foster child must agree to the comprehensive
transition plan and the plan is signed by each person who participated in the planning
meeting.

(6) A Department
supervisor must review and acknowledge the completion of the comprehensive transition
plan in the Department's information system.

(7) When
a child is placed in another state through the Interstate Compact on the Placement
of Children (ICPC), and the Department is unable to complete the comprehensive transition
planning process as described in this rule, the Department remains responsible for
working with the receiving state and with the child in developing a comprehensive
transition plan.

(1) The caseworker
must monitor the implementation of the comprehensive transition plan and make reasonable
efforts to ensure timely and appropriate services identified in the comprehensive
transition plan are made available.

(2) The caseworker
is responsible for regular review of the goals and services of the comprehensive
transition plan during the following contacts:

(a) Monthly
face-to-face contacts as required under OAR 413-080-0054; and

(1) For a child
with a comprehensive transition plan the caseworker must convene a meeting for the
purpose of a benchmark review of the comprehensive transition plan six months prior
to the child reaching 18 years of age.

(a) The meeting
must include the child, unless the child developmentally is unable to participate,
and may include a parent or guardian of the child, substitute caregiver, court appointed
special advocate, the attorney for the child, service providers, and others the
child determines are important to the meeting.

(b) The child
plays a central role in the meeting appropriate with his or her developmental ability.

(c) At the
meeting, the following are determined:

(A) Agreement
on the person with decision-making authority for education services for the child
after the child reaches 18 years of age;

(B) Arrangement
of sustainable housing, including periods of time the child or young adult may be
on break from college or other residential academic or vocational program after
the child reaches 18 years of age;

(C) Identification
of persons who may provide supportive relationships to the child after the child
reaches 18 years of age;

(D) Identification
of community resources available for the special or unique needs of the child after
the child reaches 18 years of age;

(E) A plan
for the employment, continued academic or vocational education, or specialized training
of the child after the child reaches 18 years of age;

(F) Agreement
on the person with decision-making authority for health and mental health services
for the child and identification of health, mental health, and dental providers
for the child after the child reaches 18 years of age; and

(G) The plan
to meet life skill development needs of the child by the time the child reaches
18 years of age.

(d) The caseworker
must document the determinations made under subsection (1)(c) of this rule and the
documentation must be signed by the child, when developmentally able to do so, and
the caseworker, and may be signed by other persons attending the meeting.

(2) The caseworker's
supervisor must review and acknowledge the completion of the benchmark review of
the comprehensive transition plan in the Department's information system.

(3) The caseworker
must provide a copy of the comprehensive transition plan, including the documentation
of the determinations made during the benchmark review of the comprehensive transition
plan, to the court at the next scheduled permanency hearing.

(1) The Department
must notify any young adult over 17 years, six months of age in the care or custody
of the Department of the following information regarding health care treatment:

(a) The importance
of designating another individual to make health care treatment decisions on his
or her behalf if he or she becomes unable to participate in such decisions and does
not have or does not want a relative who is otherwise authorized under state law
to make such decision; and

(b) The option
to execute a health care power of attorney, health care proxy, or other similar
document recognized under state law.

(2) The Department
must ensure any child 16 years of age or older and in the care or custody of the
Department:

(a) Annually
receives a copy of a consumer credit report when one exists; and

(b) Receives
some assistance in interpreting the credit report and resolving any inaccuracies
in that report.

(3) National
Youth in Transition Database (NYTD) Requirements. Beginning October 2010, the Department
must collect and track independent living type services and outcome data as follows:

(a) Served
population: The Department will report all independent living type services paid
for or provided by the Department during the six month reporting periods under the
NYTD timelines.

(b) Baseline
population: The Department will report outcome data by conducting a survey with
every child 17 years of age in the care or custody of the Department; and

(c) Follow
up populations: The Department will report outcome data by conducting follow up
surveys of the young adults surveyed under subsection (b) of this section at ages
19 and 21.

(1) At least 60 days prior to the date on which the Department is requesting relief of legal custody of a child or young adult reaching independence, the Department must inform the child or young adult of:

(a) The date, time, and location of the hearing;

(b) The right to attend the hearing, and the importance of attending; and

(c) The right to request assistance with transportation to and from the hearing.

(2) When the court relieves the Department of the custody of the child or young adult reaching independence, the Department must provide the child or young adult with the following written records:

(a) Unless the release is prohibited by law or the law requires the child or young adult to make a specific request for the records under ORS 432.420, and 109.425 to 109.507, information concerning the case of the child or young adult, including family and placement history, location and status of each sibling, and contact information the child or young adult may use to seek additional information about his or her case or family history.

(b) Health and education records, including:

(A) Health and immunization records; and

(B) Educational summary and records.

(c) A copy of each of the following, and documentation that each has been provided to the child or young adult in official form:

(A) The birth certificate of the child or young adult;

(B) Official proof of the citizenship or residence status of the child or young adult in a form acceptable to an employer required to verify immigration status;

(C) The social security card, or a copy of the original, of the child or young adult;

(D) A driver's license or another form of state identification, or a copy of the original, of the child or young adult;

(E) Where applicable, a death certificate of a parent of the child or young adult; and

(F) Written verification of placement in substitute care through the Department or one of the federally recognized tribes of the child or young adult when 14 years of age or older and 18 years of age and younger.

(3) When the Department is unable to provide the documentation and information described in section (2) of this rule prior to the court order by which the Department is relieved of legal custody of the child or young adult, the Department must prepare the written records and either deliver them to the child or young adult or, when the whereabouts of the child or young adult are unknown, retain the records in the case file of the child or young adult until requested by the child or young adult.

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use